PTAB statistics

PTAB Statistics: Fiscal Year 2027 to Date

In fiscal year 2027 to October 31, 2026, 33 AIA trial petitions were filed: 27 IPR, 6 PGR, 0 CBM and 0 derivation. In the same period the Board instituted trial on 19 petitions and denied 7, an institution rate of 73.1% by petition. The Board issued 31 final written decisions, and 5 proceedings ended in settlement.

Key Facts

Period
October 1, 2026 to October 31, 2026
Petitions filed
33
Institution rate
73.1%
Final written decisions
31
Settlements
5
Data retrieved
October 31, 2026
On this page
  1. Figures by Trial Type
  2. Figures by Trial Type in Detail
  3. How Proceedings Ended
  4. Summary
  5. Other Fiscal Years

This page reports Patent Trial and Appeal Board trial activity in fiscal year 2027, which began on October 1, 2026; the figures run to October 31, 2026, the date the data were retrieved. Each figure is a count of USPTO Open Data Portal records; the methodology on the statistics page explains the counting rules.

Figures by Trial Type

Petitions are counted by filing date. Institution decisions, final written decisions and terminations are counted by the date of the event, so a petition filed in one fiscal year may be decided in the next.

MeasureIPRPGRCBMDERTotal
Petitions filed2760033
Institution decisions: instituted1630019
Institution decisions: denied61007
Institution rate (by petition)72.7%75.0%——73.1%
Final written decisions2560031
Terminations without a final written decisionCount
Settlements5
Settled before institution2
Settled after institution3
Adverse judgment0
Dismissed0
Other terminations1

Figures by Trial Type in Detail

Inter Partes Review (IPR)

From October 1, 2026 to October 31, 2026, 27 IPR petitions were filed (81.8% of all AIA petitions). Of 22 IPR institution decisions, 16 instituted a trial and 6 denied institution, a rate of 72.7%. The Board issued 25 IPR final written decisions. An IPR may be instituted only on a reasonable likelihood that the petitioner will prevail on at least one claim (35 U.S.C. § 314(a)), on grounds of anticipation or obviousness over patents and printed publications. See the inter partes review guide for the procedure.

Post-Grant Review (PGR)

From October 1, 2026 to October 31, 2026, 6 PGR petitions were filed (18.2% of all AIA petitions). Of 4 PGR institution decisions, 3 instituted a trial and 1 denied institution, a rate of 75.0%. The Board issued 6 PGR final written decisions. A PGR petition must be filed within nine months of grant and must show that it is more likely than not that at least one claim is unpatentable (35 U.S.C. § 324(a)). See the post-grant review guide for the procedure.

How Proceedings Ended

Of the proceedings that ended during the period, 31 ended in a final written decision under 35 U.S.C. § 318, 5 in settlement under 35 U.S.C. § 317 (2 before institution and 3 after), 0 in adverse judgment, 0 by dismissal and 1 by other termination. Denials of institution are counted separately above. A final written decision can lead to estoppel against the petitioner; see estoppel arising from PTAB trials.

Summary

  • Inter partes review accounted for 81.8% of petitions filed.
  • By type, the institution rate was 72.7% for IPR petitions and 75.0% for PGR petitions.
  • Of 37 proceedings that ended after institution or by settlement or other termination in the year, 31 (83.8%) ended in a final written decision.
  • These are partial-year figures; they will change as the year continues.

Other Fiscal Years

FY2026 · All fiscal years and charts

Final written decision outcomes (all, some or no challenged claims unpatentable) are not reported because the USPTO records state them for too few decisions; see the methodology. Figures may differ from the USPTO’s published reports. For how trials end and why reported rates differ, see reading PTAB trial outcomes.

Frequently Asked Questions

How many PTAB petitions were filed in FY2027?

From October 1, 2026 to October 31, 2026, USPTO records show 33 AIA trial petitions: 27 IPR, 6 PGR, 0 CBM and 0 derivation.

What was the PTAB institution rate in FY2027?

By petition, 73.1%: 19 petitions instituted and 7 denied, counted by the date of the institution decision. For IPR alone the rate was 72.7%.

How many final written decisions did the PTAB issue in FY2027?

31, of which 25 were in inter partes reviews. In the same period 5 proceedings settled.

Primary Sources

  1. USPTO Open Data Portal (PTAB trial proceedings and decisions data)
  2. USPTO Patent Trial and Appeal Board statistics
  3. 35 U.S.C. chapter 31 (inter partes review)
  4. 35 U.S.C. chapter 32 (post-grant review)
  5. 37 C.F.R. Part 42 (trial practice before the PTAB)

Educational information; not legal advice. Statutes, rules and USPTO practice change. Confirm against the primary sources and consult a registered patent practitioner before acting. Disclaimer.